§705-511 Immunity, irresponsibility, or incapacity of a party to criminal solicitation. (1) A person shall not be liable under section 705-510 for criminal solicitation of another if under sections 702-224(1) and (2) and 702-225(1) he would not be legally accountable for the conduct of the other person. (2) It is not a defense to a prosecution under section 705-510 that the person solicited could not be guilty of committing the crime because: (a) He is, by definition of the offense, legally incapable in an individual capacity of committing the offense solicited; (b) He is penally irresponsible or has an immunity to prosecution or conviction for the commission of the crime; (c) He is unaware of the criminal nature of the conduct in question or of the defendant's criminal intent; or (d) He does not have the state of mind sufficient for the commission of the offense in question. (3) It is not a defense to a prosecution under section 705-510 that the defendant is, by definition of the offense, legally incapable in an individual capacity of committing the offense solicited. [L 1972, c 9, pt of §1]
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